Shareholder disputes
Protecting the interests of participants and shareholders in conflicts: challenging resolutions of general meetings, expulsion of a participant, recovery of dividends, disputes over shares. Court work combined with a negotiating strategy for leaving the conflict behind.
Why PROCTOR
Corporate conflicts almost always go beyond corporate law. They affect the operation of the company, the financial stability of the business and its relations with counterparties, banks, employees and investors.
The PROCTOR team builds a comprehensive defence strategy that combines negotiation mechanisms, corporate instruments, court protection, interim relief, the analysis of criminal law risks and the protection of assets.
We work not only on winning the dispute but also on preserving the value of the business, corporate control and the ability to develop it further.
Employment law (within the corporate practice)
How we run a corporate dispute
From an assessment of the positions to a court decision or a deal that separates the partners without losing the business.
01
Assessing the positions
We read the articles, the shareholders' agreement, the minutes of the meetings and the registration steps. We identify whose actions exceed their powers and what can be challenged.
02
Strategy for leaving the conflict
We choose between negotiation, court, or a combination of the two. We decide at once whether interim relief and a freeze on registration steps are needed.
03
Urgent protective measures
We file for interim relief, stopping the re-registration of shares and the enforcement of the contested resolutions until the court hears the case on the merits.
04
The court proceedings
We run the case in the commercial court: the claim, the evidence, expert reports, appeal and cassation. In parallel we assess the criminal law risks for the client.
05
Exit from the conflict
We document the result: a buy-out of the share, a division of assets, a settlement agreement or enforcement of the judgment with the changes entered in the register.
Formats of defence in a dispute
The format depends on whether the conflict is only starting or the case is already before the court.
Legal position in the conflict
An assessment of the prospects: what the articles say, what the client risks, what the other side will do next. A written opinion with a plan of action.
Running a single case
Representation in one dispute: drafting the claim or the defence, interim relief, and every instance through to enforcement of the judgment.
Full defence of the owner
Work on every front of the conflict at once: the courts, registration steps, negotiations with the partner, asset protection and support in criminal proceedings.